7 Simple Strategies To Completely Rocking Your Malpractice Litigation

How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are a complex matter. There are specific guidelines that must be met including a specified time period within which the suit could be filed.

The plaintiff must also prove that the doctor's actions led to injuries and losses. This will require medical and hospital records.

Complaint

When your attorney's inquiry has revealed evidence that a malpractice occurred, the attorney will file a complaint with the court, along with a summons. The complaint will identify the defendants, and then state the allegations you bring against them.

Malpractice claims are founded on the notion that doctors, nurses or other healthcare professionals owe patients a certain standard of care. This is the amount of expertise and prudence a reasonably prudent doctor with similar training would employ in similar circumstances. Your legal team must to prove that your doctor violated this standard and caused injuries to which you suffered quantifiable damages.

The standard of care for a doctor is usually a matter of opinion and can be difficult to prove. This is why it is important to work with a legal firm that has access to experts who can testify about the medical field and what a reasonable professional in your doctor's position would have done.

Not only doctors can make mistakes, but so do hospital personnel, like nurses and anesthesiologists. This is especially true of emergency room staff, whose mistakes are often attributed to a crowded environment and overworked staff. Your lawyer may be in a position to get an expert witness from the emergency room staff who can explain what should have happened and why your doctor was unable to fulfill this standard.

Discovery

During the discovery stage during the discovery phase, your lawyer will gather and examine evidence that could support a malpractice case. This includes medical records, witness statements expert testimony, and more. The legal team on the other side can also have the chance to request this information from you and your attorney. This is usually done through interrogatories as well as requests for production of documents. Certain documents may be considered to be confidential and secret due to privacy laws, like HIPAA's Privacy Rule.

You must also prove your injury is the result of the doctor's negligence. This is the most difficult aspect of a medical malpractice case since it requires expert witness testimony that proves your claim.

Your lawyer will also depose witnesses who can demonstrate that the doctor's actions were negligent. This could include radiologists, dentists as well as nurses, assistants and other personnel who were involved in the care of your health. Your lawyer will be proficient in preparing powerful and effective depositions in order to convince these witnesses to admit that the doctor was negligent.

Most lawsuits are settled before they reach trial. This is particularly common in medical malpractice cases as the costs of a trial can be extremely high. After the facts of your case are established, a settlement may be agreed upon between you and the insurance company of the doctor. If a settlement isn't agreed upon, your case will be heard in court.

Trial

Your lawyer will file a complaint following completing the initial investigation. If they conclude that you have a convincing case of malpractice, they will file the complaint. The complaint will be clear in its allegations and must be handed to the defendant in the summons.

Discovery is the next step. The next phase involves discovery. This involves the exchange and deposition of witnesses. The lawyer will use the evidence to show that your doctor acted in violation of the standard of care. The objective is to prove that the error was a result of the doctor's negligence and resulted in damages.

In addition to the witness's testimony, your medical malpractice attorney will collaborate with two or more expert witnesses to support your claim. They will be provided with medical records and specific information about your case to prepare for their deposition and testify. They can also assist you in preparing your case for trial.

As part of the trial preparation your lawyer will start negotiations for settlement with the defense. This process is ongoing throughout the trial, and can last for several years. During this time, you will be recovering from your injuries and determining the size and amount of your losses. When you can, it's beneficial for everyone to avoid litigation and settle outside of court. Your attorney will carefully assess the merits of any settlement with your current and future recovery. If the settlement offers are reasonable your lawyer will convince you to accept it.

Damages

During the discovery phase, plaintiffs will need to show that their losses are significant and that the negligence of the defendant has contributed to these damages. For instance, if the doctor did not inform the patient that the procedure had a 30% chance of losing a limb and the procedure was carried out perfectly but the patient lost their arm in the process, the medical professional could be held accountable for malpractice.

A victim could also prove that a skilled lawyer could have averted or reduced the financial loss. This is sometimes called the "but for test". It is also required to prove that the plaintiff has incurred costs in the pursuit of a successful legal claim that is greater than the amount they seek in compensation.

Our medical malpractice lawyers are able to explain the various forms of damages sustained in a malpractice law firm lawsuit including past, present and future medical expenses, lost income, suffering and other non-economic losses. The higher the amount the more serious the damage. However, a successful verdict could be reversed in appeal. Settlements outside of court could be beneficial to some clients. It can save time and money in litigation costs, aswell as avoid the potential risk of having a jury decide a case on the basis of emotion rather than facts.